Maersk Settles $1.9 million FMC Detention Fee Case
The U.S. Federal Maritime Commission has reached a $1.9 million civil penalty settlement with Danish shipping company A.P. Moller – Maersk over allegations involving improper detention charge billing practices.
According to the FMC, the agreement resolves claims that Maersk billed detention fees to third parties that had not agreed to the terms contained in the carrier’s bills of lading, service contracts, or tariff rules, which regulators said violated the Shipping Act.
As part of the settlement, the FMC said Maersk agreed to stop the practice and revise its U.S. tariff rules by narrowing the definition of “merchant” within its bills of lading. Under the updated definition, the term will apply only to shippers, consignees, and parties holding a beneficial interest in cargo as recognized under federal regulations.
Alongside the civil penalty, Maersk also agreed to issue refunds and fee waivers to affected third parties.
The company did not admit any wrongdoing under the terms of the settlement agreement.
The case represents another major enforcement action by the FMC as regulators continue tightening oversight of detention and demurrage billing practices following the introduction of the Ocean Shipping Reform Act of 2022. Earlier in 2026, the Commission imposed a $22.67 million civil penalty on MSC Mediterranean Shipping Company over alleged widespread violations connected to detention billing and refrigerated container tariff practices.
In April, a federal appeals court also upheld an FMC ruling against Evergreen Marine involving detention charges issued during the closure of the Port of Savannah. The court supported the FMC’s position that detention fees must encourage “freight fluidity” rather than serve primarily as a source of revenue.
The FMC noted that all civil penalties collected by the agency are transferred to the U.S. Treasury’s General Fund and are not retained by the Commission itself.